Court Admits Defence Video Allegedly Indicting NDLEA in Abba Kyari Trial

Abuja.

The Federal High Court in Abuja on Friday admitted a video recording tendered by the defence in the ongoing trial of suspended Deputy Commissioner of Police, Abba Kyari.

In a ruling, Justice Emeka Nwite overruled the objection of the National Drug Law Enforcement Agency (NDLEA) and marked the video recording as Exhibit D-3.
The video contains the confessional statements of two convicted drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, who were convicted by Justice Nwite on June 14, 2022, after pleading guilty to charges filed against them by the NDLEA.

Testifying earlier, Inspector El-John Nwonke told the court that operatives of the anti-narcotics agency allegedly aided the traffickers in evading security checks at the Akanu Ibiam International Airport, Enugu, on January 19, 2022, upon their arrival from Ethiopia with substances suspected to be cocaine.

Nwonke, the second defence witness (DW-2), said the Police Intelligence Response Team (IRT) later arrested the suspects shortly after they were cleared by NDLEA officers at the airport.

He explained that he was serving at the Force Criminal Investigation Department (FCID), Abuja, when the suspects were brought in for investigation.

According to him, he was part of the team that interviewed the suspects on January 20, 2022, during which their statements were recorded on video and later transferred to a digital video disc (DVD).

Led in evidence-in-chief by Kyari’s counsel, Onyechi Ikpeazu, SAN, the witness said the convicts admitted during the recorded session that police officers arrested them at the airport with the suspected cocaine after NDLEA officers on duty had cleared them.

He further stated that the traffickers alleged that NDLEA officers used sign language at the point of entry to help them bypass security checks before their eventual arrest by the police.

The witness, who was subpoenaed to testify, presented his warrant card and official identification in court.

He also informed the court that he had with him a copy of the subpoena letter, the DVD and a certificate of compliance.
While the NDLEA’s counsel, Joseph Sunday, did not oppose the tendering of the subpoena letter, describing it as a court document, he objected to the admissibility of the video and the certificate of compliance.

Justice Nwite adjourned the matter until February 27 for a ruling after hearing arguments from both parties.

Delivering the ruling on Friday, the judge admitted the video as Exhibit D-3 and adjourned the case until March 16 for the video to be played in court as the trial continues.

Kyari, a former head of the Police Intelligence Response Team, is being prosecuted alongside four other suspended IRT officers,ACP Sunday J. Ubua, ASP Bawa James, Insp. Simon Agirgba and Insp. John Nuhu, on an eight-count charge bordering on conspiracy, illegal dealing in cocaine, importation of cocaine and obstruction.

The two convicted traffickers were initially listed as the sixth and seventh defendants.

They later pleaded guilty to counts five, six and seven on June 14, 2022, and were sentenced to two years’ imprisonment.

While Umeibe and Ezenwanne have been convicted, Kyari and the other police officers, who were arraigned on March 7, 2022, pleaded not guilty to the charges.

Following the close of the prosecution’s case by the NDLEA, Kyari and his co-defendants opened their defence.
–with Agency report.
Edited by Dada Ahmed.